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AF | BCMR | CY2008 | BC-2008-00200
Original file (BC-2008-00200.doc) Auto-classification: Denied

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2008-00200
            INDEX CODE:  131.03
      XXXXXXX          COUNSEL:  None

                 HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

His record be corrected to show he was promoted to private first class
(PFC) rather than private (PVT) at the time of discharge.
_________________________________________________________________

APPLICANT CONTENDS THAT:

A law was passed that soldiers in the  grade  of  PVT  returning  from
oversea would be promoted to the grade of PFC.

In support of his request, applicant provided a copy of  WD  AGO  Form
100, Separation Qualification Record, a copy of an Honorable Discharge
Certificate from the Army, a copy of his WD AGO  53,  Enlisted  Record
and Report of Separation  and  a  copy  of  his  Award  of  Disability
Compensation or Pension letter, a letter from his senator, a  personal
letter, and a package from the Army Board for Correction  of  Military
Records.

Applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant entered active military service on 10 March 1943 in  the
grade of private. He was honorably discharged in the grade of  private
on 23 October 1945. He served 2 years, 7 months and 13 days (excluding
8 days lost under AW 107).

The applicant’s discharge records, WD AGO Form 53, Enlisted Record and
Report of Separation Honorable Discharge and a copy of  his  honorable
discharge certificate from the Army show his  grade  at  discharge  as
“private.”

________________________________________________________________





AIR FORCE EVALUATION:

AFPC/DPSOE  recommends  denial  and  states  the  applicant's   record
contains no documentation to suggest he was a prisoner of  war  (POW).
The applicant provides no proof or official documentation  to  support
his claim a law was passed to promote World War II overseas  returnees
to the grade of PFC.

AFPC/DPSOE’s complete evaluation is attached at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
22 February 2008 for review and response within 30 days.  As  of  this
date, this office has received no response.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was not timely filed;  however,  it  is  in  the
interest of justice to excuse the failure to timely file.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice. After a thorough review of the
evidence of record  and  applicant’s  submission,  the  Board  is  not
persuaded that the applicant  should  be  promoted  to  the  grade  of
private first class.  The  applicant’s  contentions  are  duly  noted;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion that the applicant has not been the  victim  of  an
error or injustice.  We  have  no  doubt  that  the  applicant  served
honorably and his contributions during the  war  are  acknowledged  by
this Board and appreciated by his country. If he is  able  to  provide
official documentation to support his claim, we  will  reconsider  his
application. In view of the above and absent  persuasive  evidence  to
the contrary, we find no compelling basis to  recommend  granting  the
relief sought.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of probable  material  error  or  injustice;
that the application was denied without  a  personal  appearance;  and
that the application will only be reconsidered upon the submission  of
newly  discovered  relevant  evidence   not   considered   with   this
application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2008-
00200 in Executive Session on 29 April 2008, under the  provisions  of
AFI 36-2603:

                 Mr. Gregory A. Parker, Panel Chair
                 Mr. James A. Wolffe, Member
                 Mr. Joseph D. Yount, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, dated 27 Jul 07, w/atchs.
      Exhibit B. Letter, AFPC/DPSOE, dated 12 Feb 08.
      Exhibit C. Letter, SAF/MRBR, dated 22 Feb 08.





      GREGORY A. PARKER
      Panel Chair


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